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Sales Agreement vs Notice of Assignment

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  • #1

    Sales Agreement vs Notice of Assignment

    I am currently in court fighting a VERY old potential debt.

    I would like to have some feedback from as many of you as possible whether a debt is enforceable or not without a legal Notice of Assignment and instead replacing it with a Generic Sales Agreement with a sheet attached to the back with a list of names (mostly blanked out apart from mine). I have already had a chat with Amethyst about a Sales Agreement being acceptable as evidence, however can it replace a NOA?

    This is what I have picked up from the internet:-

    If a Legal Assignment has been made, part of the purchasing company’s obligations are to inform you of the situation via an official Notice of Assignment, and let you know that payment should be made to themselves rather than your former creditor.
    The Law of Property Act, 1925, lays down the requirements for both types of assignment. The criteria for a Legal Assignment include:
    • It must be made in writing (Deed of Assignment)
    • Notification must be sent to the borrower (Notice of Assignment)
    • The assignment must be absolute
    There are other 'issues' too, which include no Credit Agreement (only an Application form and generic T & C's), no Statement of Account or default notice. I would really appreciate as much feedback as possible, thanks xx
    Starts
    28th June 2018 10:00:AM
    Tags: None
  • #2
    Originally posted by Ruby View Post
    Sales Agreement being acceptable as evidence, however can it replace a NOA?
    No, the Notice of Assignment should have been sent to you at the time of sale by both the Assignor and Assignee.

    If it is for the provision of credit and if there is no Credit Agreement the debt in unenforceable.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #3
      As a result of McGuffick, Judge Flaux confirmed that the following no longer represents enforcement action:

      Enforcement No Longer Includes:
      • Requesting or demanding payment
      • Sending you a default notice
      • Giving information relating to the account to any third party, particularly credit reference agencies
      • Passing the account to a debt collection Agency or assigning it to a Debt Purchaser.
      Taken from a Consumer Forum .....

      Comment

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